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FBO DAILY ISSUE OF SEPTEMBER 23, 2009 FBO #2860
AWARD

20 -- Major Overhaul Kit, Seat assembly, Change Face Kit, and Inflatable Seal

Notice Date
9/21/2009
 
Notice Type
Award Notice
 
NAICS
339991 — Gasket, Packing, and Sealing Device Manufacturing
 
Contracting Office
Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Engineering Logistics Center, 2401 Hawkins Point Road, Building 31, Mail Stop 26, Baltimore, Maryland, 21226-5000
 
ZIP Code
21226-5000
 
Archive Date
3/10/2010
 
Point of Contact
Jean-Claude Amisial, Phone: 410-762-6582, Susanna J. Wiedmann, Phone: 410-762-6502
 
E-Mail Address
jean-claude.amisial@uscg.mil, Susanna.J.Wiedmann@uscg.mil
(jean-claude.amisial@uscg.mil, Susanna.J.Wiedmann@uscg.mil)
 
Small Business Set-Aside
N/A
 
Award Number
HSCG40-09-C-30029
 
Award Date
9/19/2009
 
Awardee
Wartsila Defense, Inc., 3617 Koppens Way, Chesapeake, Virginia 23323, United States
 
Award Amount
$258,620.76
 
Line Number
1) 2 Major Overhaul Kit; 2) 2 Seat Assembly; 3) 2 Face Change Kit; 4) 2 Inflatable Seal
 
Description
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOTFOC) FOR ACQUISITIONS UNDER $100K MAJOR OVERHAUL KITS, INFLATABLE SEALS, FACE CHANGE KITS, AND SEAT ASSEMBLIES Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows: (1)Agency and Contracting Activity: The U.S. Coast Guard, Engineering Logistics Center (ELC) proposes to enter into a contract on a basis other than full and open competition. (2)Nature and/or Description of the Action Being Approved: Approval is for a firm fixed price contract type required to purchase two (2) each of the following items: Major Overhaul Kit, Seat Assembly, Face Change Kit, and Inflatable Seal. These items will be purchased on a sole source basis from the Original Equipment Manufacturer (OEM), Wartsila Defense (CAGE OEYA6) (Wartsila). Wartsila manufactures the M-9 seal that these kits and parts support as well as every part and all components of the kits. Wartsila is located at 3617 Koppens Way, Chesapeake, Va. 23323. (3)Description of Supplies/Services: The requirement is to purchase two each of the following items to be used on the USCGC 418 Ft. WMSL Propulsion Shaft Seals: NSN NO.PART NO.QTY.UNITAMOUNT PRICE 2840-01-576-0008WLP001354-001 2 2040-01-575-9949US75888-01-6 2 5180-01-575-9938WLP001354-002 2 5330-01-575-9830US75888-01-1-10 2 TOTAL See attached for a detailed description of, and specifications for these items. (4)Identification of Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full and open competition is 10 U.S.C. 2304©(1) as implemented by FAR 6.302-1, HSAM 3006.302-1 and CGAP 3006.302-1(a)(2)(ii) since these items are available from only one responsible source or a limited number of suppliers with unique capabilities. (5) Demonstration that the Nature of the Acquisition Requires Use of the Authority Cited: During the initial development and building of the NSC, proprietary data was not required nor purchased for the parts utilized. The ELC does not possess the necessary drawings and specifications that would enable another vendor to manufacture any of the parts listed. It is imperative that the parts conform to form, fit and function as to the existing Wartsila Stern Tube seal parts. Wartsila owns all technical data, including all the proprietary rights to the drawings and specifications needed to manufacture these items. (6)Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable: Wartsila is the only manufacturer able to supply the required Overhaul Kit, Face Change Kit, Seat Assembly and Inflatable Seal to meet the Shaft Seal specifications. A Notice of Intent to award a Sole Source Procurement to Wartsila will be posted on FBO to inform suppliers of the U.S. Coast Guard decision. This announcement will inform industry that it is the government intent to award a sole source contract to Wartsila since they are the only one responsible source and no other supplies or parts will satisfy these requirements. The notice will also state that the drawings, data and special tooling necessary for full and open competition are proprietary and available only from the manufacturer. The performance and acceptance data are also proprietary. However, all offers will be considered. (7)Determination by the Contracting Office that the Anticipated Cost to the Government will be Fair and Reasonable: Price will be determined to be fair and reasonable based on prior acquisition history with other contractors providing similar items and comparison with other published price lists if available. (8)Description of Market Research: Market research was conducted using NESSS, FEDLOG, GSA Advantage, WEBFLIS and the World Wide Web. Similar items were found in NESSS for the face change kit and the major overhaul kit, however the items were for a much smaller boat and shaft and therefore less expensive. After researching all of these sites, it was determined that the NSC WMSL Overhaul Kit, Face Change Kit, Seat Assembly and Inflatable Seal are uniquely designed and manufactured by Wartsila. The Overhaul Kit, Face Change Kit, Seat Assembly and Inflatable Seal will be used to renew the worn components of the shaft seal. (9)Any other Facts Supporting the Use of Other than Full and Open Competition: The U.S. Coast Guard does not possess the necessary drawings, configurations and specifications that would enable another vendor to manufacture the Stern Tube Seal parts. It is imperative that the Parts conform to form, fit and function as the existing Stern Tube Seal Parts. Using other than OEM parts could cause failure of the shaft seal, which would allow seawater to enter the engineering room at a fast rate, presenting a very real possibility of the ship sinking, further endangering the crew. The crew would have to use the emergency shaft seal, which would render the propulsion shaft unusable. The inability to use one or both of the ships propeller shafts in this manner would eliminate or greatly reduce the ability of the ship to meet mission requirements. (10)A Listing of the Sources, if Any, which Expressed, in Writing, an Interest in the Acquisition: In accordance with FAR Subpart 5.2, in an effort to solicit as many potential sources as possible, a Notice of Intent to Award a Sole Source Procurement will be posted on FedBizOpps advising industry of the Government’s intention to award a fixed price contract to Wartsila unless other sources could provide verification of their capabilities to satisfy this requirement. (11)A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition before any Subsequent Acquisition for Supplies or Services Required: The U.S. Coast Guard could not purchase the rights to the technical data, drawings and specifications from the OEM, necessary for conducting a full and open competition. The manufacturing data rights, drawings, and special tooling necessary for full and open competition are proprietary and available only from the Wartsila. The Contracting Officer requested that Wartsila provides their position relative on providing unrestricted data rights to facilitate obtaining full and open competition on all future acquisitions. Wartsila is not interested in selling the data rights for the manufacturing of these parts. The U.S. Coast Guard will continue to perform market research to determine if other manufacturer(s) emerges with the capabilities to produce these kits and parts.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGELC/Awards/HSCG40-09-C-30029.html)
 
Record
SN01963974-W 20090923/090922000646-c44dd92c4e3f9ed883805ae83340c715 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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